The accused brought a motion for a directed verdict of acquittal on a charge of first degree murder following the close of the Crown’s case.
The defence argued there was no evidence capable of establishing planning and deliberation, conceding only that evidence could support second degree murder.
Applying the directed verdict test from United States of America v. Sheppard and R. v. Arcuri, the court considered whether there was any evidence upon which a properly instructed jury could infer planning and deliberation.
The court held that circumstantial evidence including motive arising from a prior altercation and threat, potential retrieval of a knife shortly before the attack, absence of a contemporaneous struggle, and the nature of the fatal wound could support such an inference.
The motion was therefore dismissed and the first degree murder charge was left for the jury.
